Bombay High Court
Ramdas Kautik Sonwane vs The State Of Maharashtra And Others on 7 March, 2018
Author: R. M. Borde
Bench: R.M.Borde, K.K. Sonawane
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IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO. 11617 OF 2016
1 Hari s/o Shivdas Patil
age 73 years, occ. retired
r/o 2, Professor Colony,
Dondaicha, Tq. Sindkheda
Dist. Dhule
2 Tukaram s/o Onkar Patil
age 69 years, occ. retired
r/o 10, Professor Colony
Dondaicha, Tq. Sindkheda
Dist. Dhule
3 Vithal s/o Shriram Habale
age 67 years occ. retired
r/o 7, Professor Colony
Dondaicha Tq. Sindkheda
Dist. Dhule
4 Shriram s/o Barku Mahajan
age 73 years, occ. retired
r/o 16, Professor Colony,
Dondicha, Tq. Sindkheda
Dist. Dhule
5 Pandurang s/o Punjaji Khadse
died through his LR
Chhaya wd/o Pandurang Khadse
age 70 years, occ. household
r/o 14, Mathura, Sarasawati colony
Dondicha, Tq. Sindkheda
Dist. Dhule
6 Santosh s/o Chindha Patil
age 73 years, occ. retired
r/o 14, Professor colony
Dondaicha, Tq. Sindkheda
Dist. Dhule Petitioner
Versus
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1 The State of Maharashtra
through the Secretary
For Higher and Technical Education
Department, Government of
Maharashtra, Mantralaya,
Mumbai
2 The Joint Director of Higher
and Technical Education
Jalgaon Region, Jalgaon
3 The North Maharashtra University
Umavinagar, Jalgaon
Dist. Jalgaon
Through its Registrar
4 Smt.P.B. Bagal Arts & Commerce
College, Dondaicha Tq. Sindkheda
dist. Dhule
Through its Principal
5 S.S.V.P.S. Education Trust's
Smt. P.B. Bagal Arts & Commerce
College, Dondaicha, Tq. Sindkheda
Dist.Dhule
Through its Secretary Respondents
WITH
WRIT PETITION NO. 11613 OF 2016
1 Subhash s/o Abhimanyu Patil
age 69 years, occ. retired
r/o 61, Nehru Housing Society
Deopur, Dhule, Dist. Dhule
2 Sow Snehal Arun Borse
age 66 years, occ. retired
r/o 13, Shrirang Colony
Vidya Nagar, Deopur, Dhule
Dist. Dhule
3 Leelawati Jibhau Deore
age 62 years, occ. retired
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r/o 5, Sambhaji Nagar,
Deopur,
Dhule, Dist. Dhule. Petitioners
Versus
1 The State of Maharashtra
Through the Secretary
For Higher and Technical Education
Department, Government of
Maharashtra, Mantralaya
Mumbai
2 The Joint Director of Higher
And Technical Education
Jalgaon Region, Jalgaon
3 The North Maharashtra University
Umavinagar, Jalgaon
Dist. Jalgaon
Through its Registrar
4 S.S.V.P.S.'s Bhausaheb N.S. Patil
Art & M.F.M.A. Commerce College
Deopur, Dhule, Dist. Dhule
Through its Principal
5 S.S.V.P.S. Education Trust
Deopur Dhule, Dist. Dhule
Through its Secretary Respondents
WITH
WRIT PETITION NO. 11615 OF 2016
Surendra s/o Pratapsing Girase
age 66 years, occ. Retired
r/o 51, Anand Nagar,
Near Hasti Public School
Dondaicha
Tq. Sindkheda, Dist. Dhule Petitioner
Versus
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1 The State of Maharashtra
Through the Secretary
For Higher and Technical Education
Department, Government of
Maharashtra, Manralaya,
Mumbai
2 The Joint Director of Higher
and Technical Education
Jalgaon Region, Jalgaon
3 The North Maharashtra University
Umavinagar, Jalgaon
Dist. Jalgaon
Through its Registrar
4 A.S. Mandal's Arts, Commerce
& Schience College, Taloda
Tq. Taloda, Dist. Nandurbar
Through its Principal
5 Arts, Commerce College Trust
Taloda, Kajipur Road, Taloda
Dist. Nandurbar
Through its Secretary Respondents
WITH
WRIT PETITION NO. 11628 OF 2016
Manohar s/o Bisanji Hattekar
age 70 years, occ. retired
r/o 15, Nutan Krushi nagar
Near V.W.S. College,
Sakri Road, Dhule
Dist. Dhule Petitioner
Versus
1 The State of Maharashtra
Through the Secretary
For Higher and Technical Education
Department, Government of Maharashtra
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Mantralaya, Mumbai
2. The Joint Director of Higher
and Technical Education
Jalgaon Region, Jalgaon
3 The North Maharashtra University
Umavinagar, Jalgaon
Dist. Jalgaon
Through its Registrar
4 Vidya Wardhini Sabha's
Arts, Commerce & Science
College, Sakri Road, Dhule
Tq. & Dist. Dhule
Through its Principal
5 Vidya WArdhini Sabha
Sakri Raod, Dhule
Through its Secretary Respondents
WITH
WRIT PETITION NO. 11634 OF 2016
Ramdas s/o Kautik Sonwane
age 69 years, occ. retired
r/o 15, Professor colony
Shirpur, Tq. Shirpur
Dist. Dhule Petitioner
Versus
1 The State of Maharashtra
through the Secretary
for Higher and Technical Education
Department, Government of
Maharashtra, Mantralaya
Mumbai
2 The Joint Director of Higher
and Technical Education
Jalgaon Region, Jalgaon
3 The North Maharashtra University
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Umavinagar, Jalgaon
Dist. Jalgaon
Through the Registrar
4 Smt. Parvatabai Arts,
Shri Bandu Bhagwan & Smt.
Hirabai Dalal Commerce and
Science College, Shirpur
Tq. Shirpur, Dist. Dhule
Through its Principal
5 S.P.D.M. Trust, Shirpur
Tq. Shirpur, Dist. Dhule
Through its Secretary Respondents
WITH
WRIT PETITION NO. 11636 OF 2016
1 Jairam s/o Rajaram Patil
age 77 years, occ. retired
r/o 12, Mundankar Wadi
WAdi Bhokar Road, Deopur
Dhule, Dist. Dhule
2 Gangadhar s/o Dagambar Narkhede
age 75 years, occ. retired
r/o C-3B, Shraddhadeep Society
Productivity Road, Near Akota Garden
Vadodara (Gujrat)
3 Nandkumar s/o Raosaheb Shinde
died through LR
Nilima wd/o Nandkumar Shinde
age 62 years, occ. household
r/o Flat No. 7, Netaji Residency
91, Jaihind Colony, Deopur
Dhule, Dist. Dhule
4 Dr. Pushpa Bhimrao Malve
age 82 years, occ. retired
r/o 102, A, Shivaji Nagar
Pune. Dist. Pune Petitioners
Versus
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1 The State of Maharashtra
through the Secretary
for Higher and Technical Education
Department, Government of Maharashtra
Mantralaya, Mumbai
2 The Joint Director of Higher
and Technical Education
Jalgaon Region, Jalgaon
3 The North Maharashtra University
Umavinagar, Jalgaon
Dist. Jalgaon
Through its Registrar
4 S.S.V.P.S. Sanstha's
Late Karmveer Dr. P.R. Ghogre
Science College, Dhule
Through its Principal
5 S.S.V.P.S. Education Trust's
Deopur Dhule, Dist. Dhule
Through its Secretary Respondents
Mr. B.S. Deokar, advocate for petitioners.
Mr. S.D. Dande, A.G.P. for respondents State
Mr. Yogesh Bolkar, advocate for respondent no. 3.
CORAM : R.M.BORDE &
K.K. SONAWANE, JJ.
DATE : 7th MARCH, 2018
ORAL JUDGMENT : ( R. M. BORDE, J. )
1 Rule. Rule made returnable forthwith.
2. Heard finally with the consent of learned counsel for the respective parties.
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3. Petitioners in this group of petitions are retired college teachers or legal representatives of teachers. Petitioners are claiming direction to respondents - college and the institution to pay them the amount payable towards encashment of Earned Leave standing to their credit on the date of their super annuation with interest in accordance with the rules, as expeditiously as possible.
4. The issue raised in these petitions is no more res integra and is covered by various decisions recorded by this Court earlier including the decision in Writ Petition No. 4899/2016 and other companion matters decided by Division Bench of this Court on 06.06.2017.
5. In view of the judgment referred to above, instant petitions also deserve to be allowed and the same are accordingly allowed. Respondents-institutions and college are directed to pay the monetary benefits towards encashment of Earned Leave standing at the credit of petitioners under Statute 424(3) r/w 424(c) of the North Maharahstra University, as expeditiously as possible, preferably within a period of six months from the date of this order.
6. Rule is accordingly made absolute. No costs.
K. K. SONAWANE R.M.BORDE
JUDGE JUDGE
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